"Product liability" cases are a type of personal injury cases involving people injured by an unreasonably dangerous or defective drug, product, or device. Dangerous products – such as toys, medical devices, car parts, prescription drugs – cause thousands of injuries to consumers every year in the United States. Products such as defective car parts or dangerous pharmaceutical drugs can result in serious injury, death, psychological and emotional suffering, lost income, and other permanent losses. A product may be dangerous because of a design flaw, manufacturing defect, or insufficient labels and warnings.
Here are some consumer goods and products which have been known to cause serious injury or death in the past:
Potentially dangerous prescription drugs:
For a continuously updated list of recent drug recalls and consumer warnings click here: FDA Drug Recall website.
Parties responsible for dangerous or defective products vary, depending on the product and circumstances, but it can be anyone (the manufacturer, wholesaler, and/or retailer) that made or sold the product despite knowning about a defect or dangerous quality.
For prescription drugs, potentially liable parties may be the drug manufacturer, the lab where the drug was tested, the pharmacist, and/or the medical provider who prescribed the drug. The drug manufacturer is responsible for authorizing the appropriate tests before submitting the drug for approval by the Food and Drug Administration (FDA), as well as properly labeling the drug so that consumers are made fully aware of any risks associated with that product.
For consumer goods, it can be the company that makes the product, the company that distributes or markets it, and/or the company that sells it, depending on the circumstances.
Typically, product liability claims are based on theories of negligence, strict liability, breach of contract, breach of warranty or guaranty, or under the Uniform Commercial Code. Product liability cases are often quite complex (and costly) and pursuing one requires the assistance of an attorney.
If you or someone you know has been seriously injured as the result of any dangerous or defective product or drug, call Gama Law Firm for a free case consultation and evaluation. Product liability attorney Richard Gama has been representing injured victims for over 13 years and has the experience to help you understand your right to compensation after being exposed to a dangerous or defective product in Colorado.